Most of this lament for the polarization of the Roberts Court I addressed in a TAP article recently. The short version is that 1)Roberts will certainly fail in his attempt to create a consensual Court that papers over major substantive divisions, and 2)since I don’t think the Court is entitled to a fixed degree of […]
Category: minimalism
Jonathan Zasloff beat me to Cass Sunstein’s discussion of Roberts and Alito’s “minimalism,” but since I’m working on and thinking about a scholarly article about it I tho